Conditions d'utilisation

GERARD BAKERY

Gérard Bakery sells and delivers flexible weekly meal boxes on a subscription basis. In addition, customers can order different additional and fresh products such as our orange juices with their membership every week. The bread boxes based on a membership, additional and fresh products and/or gift vouchers, vouchers and discount codes will hereinafter also be referred to as the “products” or “agreements”.

CONTACT INFORMATION

We are Gérard Bakery

Our contact details are the following:

baguette@gerardbakery.com

+32 495 50 85 56

BTW BE0784927265

OVERVIEW

This website is operated by Gérard Bakery. Throughout the site, the terms “we”, “us” and “our” refer to Gérard Bakery. Gérard Bakery offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The customer will hereinafter also be referred to as: “customer” or “you”.

Gérard Bakery’s website allows you to place orders where you can choose from different products that will be delivered to your home. As a customer of Gérard Bakery you can order a subscription based on a weekly delivery. You always have the option to change or cancel your subscription in accordance with the provisions of article X of these general terms and conditions.

You can place orders on Gérard’s website in a few simple steps:

• Choose your box size and select the bread or other customizable products you want.
• Add any additional products such as orange juices or quiches.
• Complete your personal and delivery information and read the contractual conditions for approval.
• Double check the overview of your order thoroughly and, if this information is correct, go to the payment page to finalize your order.
• After your payment you will receive an overview of your order in your mailbox. 
• During your order there is always a possibility to return to the previous steps to correct errors or change information.

 

SECTION 1 - ACCEPTANCE TO OUR TERMS & CONDITIONS

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site and all agreements that Gérard concludes with customers (including memberships and separate orders), including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 2 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 3 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 4 - PRICES & MODIFICATIONS TO THE SERVICE

The prices of our products are clearly stated on Gérard’s website, always including costs and taxes. The products offered, including the stated prices, apply as a non-binding offer that can be accepted by you. The products we offer contain a description that is as complete and accurate as possible. However, we cannot prevent that sometimes a mistake is made, whereby we note that obvious mistakes in the offer are not binding on Gérard Bakery.

Gérard reserves the right to change, expand, or adjust the offer of its various products in price or content. We would also like to point out that if certain ingredients are unexpectedly unavailable for certain reasons, we reserve the right to provide a similar alternative. Of course we will keep these situations to an absolute minimum and will inform you about the changes if this situation occurs.

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PAYMENT

For the payment, you can only use the payment options agreed and specified with the order. Orders will be charged via the payment method you specified. You are obliged to pay within the agreed payment period. Gérard Bakery’s claims are immediately due and payable. It is your responsibility to ensure that you have sufficient funds in your bank account at the time of payment.

If a payment order cannot be executed due to insufficient funds, incorrect payment details and/or other disputes, the orders can still be shipped. In such cases, Gérard Bakery will make the payment again. We reserve the right to recover the outstanding amount by re-executing the payment via the specified payment method.

Should the attempts to make the payment again fail, we reserve the right to recover the debt in another way, either directly or through a third party and the associated extrajudicial collection costs will be your responsibility.

Gérard Bakery is entitled to suspend the execution of the agreement, such as the delivery of bread boxes, if and as long as you as a customer have not fully met your payment obligations.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. Our products and services are intended for individual use and not for resale. As such, we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy. 

SECTION 7 - DELIVERY

For the delivery, you as a user, have the possibility to make us deliver your box at your home or at one of our picking points. The delivery address can be altered into your account on our website or by sending an email to our customer service; baguette@gerardbakery.com. A change of address will take effect for delivery if you have notified us of it before the change deadline (5 days before the delivery date).

You can choose between individual orders or deliveries based on a fixed regularity (weekly). You always have the option to change, skip, or cancel your subscription. See more about this in article X of these general terms and conditions. We currently only deliver in Leuven and a 10 km radius, hopefully we will expand soon. The time frames for delivery, as stated in the customer account on the website, in the app, and in the confirmation email are indicative.

We make every effort to ensure that the delivery takes place within the period specified by you. However, you have to understand that certain circumstances may arise that delay the delivery For example, collision, unexpected traffic jam, weather conditions, or any other circumstance. In this case, we will notify you immediately on the information you provided to us and look for a solution. However, we are not liable for the late deliveries.

You agree to the delivery of the goods to the specified delivery address and during the period you indicated. You guarantee that the driver can deliver the goods to a person who is present at the indicated address or at the place you have indicated (for example, when you indicate that we may put the box in your garage). If no one is present to receive the goods, we will try to reach you via the details you provided. If that does not work either, the driver will deliver to your neighbors or will place them in front of your house. We will also inform you about this. Delivery in this way is entirely at your risk and Gérard Bakery is not responsible for any spoilage or disappearance of the products. Stated differently, you are responsible for the delivered goods from the moment of declaration. 

If certain obstacles could make the delivery more difficult (for example, a broken track, manifestations, etc.), we ask you to inform us as much as possible via the comments that you can enter with the order.

We are not responsible for lost or damaged packages. It is only possible to recover defects in the quality of the delivery from Gérard during the transfer between the driver and the person who receives the box. 

Gérard Bakery is not responsible for the inability to deliver goods due to incorrectly entered information. In this case, you are of course not entitled to a refund.

Finally, if you opt for a collection at one of our collection points, the collection must take place within the specified collection times. If the products are not collected within this time frame, they can no longer be collected and you are of course not entitled to a refund. If the collection point is not available, we will inform you within reason.

SECTION 8 - PAUSE OR CANCEL ORDERS AND/OR SUBSCRIPTIONS

Gérard Bakery orders the products for the benefit of your agreement on a weekly basis prior to the delivery to your house. 

With regards to an order, we work with fresh food products that we deliver to your home or that you can pick up at a collection point. Of course, these products have a limited shelf life and can spoil quickly. As a result, you do not have a right of withdrawal under the Belgian customer law. Nevertheless, Gérard Bakery still allows you to cancel, skip, or pause your order (single order or order within a subscription) provided that you respect a notice period of at least 5 calendar days before delivery. These terms must be respected as we order our ingredients for and our products from suppliers. If you successfully skip or cancel your order before the deadline for changes, you will not receive any products in the following week. The deadline for changes also applies to any other changes to the agreement.

You can skip an agreement at any time. This means that you have to cancel the delivery of your products in a certain week. The delivery will resume the following week unless you skip again. You must provide the notice about suspending your agreement via your account before the deadline for changes (5 calendar days before planned delivery).

If you have entered into a membership that extends to the weekly delivery of the box, we speak of an agreement for an indefinite period. You can cancel an agreement for an indefinite period at any time. You must pass on the notice about canceling your agreement via your account before the deadline of changes (5 calendar days before planned delivery). The termination of the agreement will then become definite.

You can skip or cancel your agreement in the same way as it was entered into. In addition, you can always cancel by sending an email to our customer support; baguette@gerardbakery.com.

SECTION 8 - DISCOUNT CODES

The following conditions apply to the use of discount codes, also referred to as coupon codes:

• Discount codes cannot be applied to orders already placed.
• Unless otherwise stated each discount code can only be used once per account, per e-mail address, or per delivery address.
• If a discount code is used for items whose total price is below the value of the discount code, the remaining value of the discount code will expire.
• Discount code offers are valid while the stocks last.
• You cannot exchange discount codes for money. You cannot get a discount with a discount code on products other than the product to which the relevant discount code promotion applies and which are further described in the expressions in which the discount code is included.
• The discount codes are provided once. No reimbursement will be made in the event of theft or loss. Loss also includes the accidental deletion of emails.
• It is prohibited to change or falsify discount codes, including hacking, spreading viruses, spamming or forwarding them to others.
• You cannot use discount codes, coupon codes or vouchers for commercial purposes and/or purposes other than those for which they are intended.
• Gérard Bakery detects fraudulent or unlawful actions in connection with coupon codes, voucher codes and/or discount codes. Any act in which fraud and/or illegal use is detected will entail a recovery of the illegally appropriated amount.
• The discount codes are not valid in combination with other discount promotions and/or current campaigns where a discount code can be used.

SECTION 9 - YOUR OBLIGATIONS

All information that you provide Gérard Bakery at any time, for example during the ordering process, must be current and truthful. You are responsible for adapting your information whenever changes occur. 

Your password may not be passed on to third parties. You are responsible for keeping your password secure and protected from unauthorized persons and notify us in writing of any loss or transfer. All payments from your account are binding. You bear full responsibility for misuse, for example for any unlawful order with your password by third parties and the claims arising therefrom. Gérard Bakery is not liable for any damage as a result of incorrect information and/or loss of your password and you indemnify any claims from third parties.

You  are obliged to carefully read and observe the product labels, product and operating instructions, and warnings accompanying the delivered products. Gérard Bakery is not liable for any damage caused by not following product labels, product and user instructions, and warnings. As such, you indemnify Gérard Bakery against any claims from third parties.

SECTION 10 - PROTECTION OF PERSONAL DATA & USE OF COOKIES

When processing an order, we process your personal data. The data collected in the context of our services will only be used to perform our services correctly and to optimize the user experience, as determined in our privacy policy. In addition, we also use cookies on our website, more information about this can be found in our separate cookie policy.

If you have any questions about this, you can always contact our customer service: baguette@gerardbakery.com. We are always happy to assist you.

SECTION 11 - INTELLECTUAL PROPERTY RIGHTS

The contents of this website, including brands, logos, drawings, data, products, company names, texts, recipes, images, videos, etc. are protected by intellectual property rights and belong to Gérard Bakery or to its own licensors.

You may not copy, publish, distribute, or otherwise use or modify the content. Of course you may view and print the content, but only for your personal use, to view our products and to place an order. Copying or otherwise using the content for any other purpose is expressly prohibited.

We may allow or deny links to our website in full discretion and we may request that you remove such links immediately.

SECTION 12 - COMPLAINTS

Quality is a top priority at Gérard Bakery and we do everything we can to prevent complaints. Within Gérard Bakery we have a complaints policy stating that we will  provide a substantive response to the submitted complaint within five working days.

If you are not satisfied with the way we have handled your complaint, you can report your complaint via the ODR platform of the European Commission. This is a platform set up by the EU for all consumers across Europe.

SECTION 13 - LIMITATION OF LIABILITY

Liability concerning the use of the products; We will reimburse any damage that you would experience when using our delivered products. However, the liability is limited to the contractually typical, foreseeable damage and insofar as it concerns material or physical damage that is the direct and exclusive result of the failure to fulfill an obligation by Gérard Bakery. We do not accept liability for any consequential or indirect damages, such as loss of income, loss of savings, etc. Nor do we accept liability for moral damages. We accept no liability for damage resulting from failure to follow product and operating instructions, food information and any warnings and you indemnify us against any claim by any third party in this regard. However, this limitation does not apply to liability resulting from willful misconduct or gross negligence on the part of Gérard Bakery or its subcontractors or other liabilities that we cannot exclude or limit by law.

Liability concerning the use of our website and the information you can find on it; 

• We cannot argue about flavors and colors. We want to provide you with useful and, above all, tasty information on the website. However, that information is general in nature and not adapted to your personal or specific circumstances, and can therefore not be regarded as personal or professional advice to the user.
• Gérard Bakery makes great efforts to ensure that the information made available is complete, correct, accurate and up-to-date. Despite these efforts, inaccuracies may occur in the information made available. If the information provided contains inaccuracies or if certain information on or via the website is unavailable, Gérard Bakery will make the greatest possible effort to rectify this as quickly as possible.
• We try to display our photos of recipes, products, ingredients, etc. as accurately as possible, but cannot guarantee that no differences can occur in practice. We are not liable for this.
• Gérard Bakery cannot be held liable for direct or indirect damage resulting from the use of the information on this website.
• If you should find inaccuracies in the information made available via the site, you can contact our customer service. The content of the site including its accompanying links may be modified, changed or supplemented at any time without notice. 
• Gérard Bakery does not guarantee the proper functioning of the website and can in no way be held liable for a malfunction or temporary unavailability of the wegiste or for any form of damage, direct or indirect, which would result from the access or use of the website.
• We do not and cannot guarantee that the website will always be available, nor that it will always be free from any error, bug, virus or other defect, vulnerabilities or unavailability.

SECTION 14 - FRAUD

We reserve the right to investigate any accounts that we suspect are engaged in improper or fraudulent activities.

We reserve the right to block or terminate your order, membership, subscription, and/or account following incorrect or fraudulent activity.

SECTION 15 - REVOCATION

You have the right to withdraw from the contract within fourteen days from the delivery of your first box, without stating reasons. You then only pay for the boxes already delivered during these fourteen days and the boxes that have already been scheduled. To prevent the order, and therefore also for delivery and a payment obligation, for the next box and any additional products, you must revoke the agreement before the deadline for changes (5 days before the delivery).

You also have the right to cancel the order for this additional product within fourteen days from the delivery of certain additional products, without giving reasons. you cannot revoke additional products with a limited shelf life, including fresh products. The shipping costs of returning the product are for your own account.

To revoke the agreement, you can use the model withdrawal form which can be found below: (only complete and return this non-mandatory form if you wish to revoke your subscription - this can be done by post, e-mail, but you can also contact us by phone).

To: Gérard Bakery, address…

I hereby inform you that I revoke our agreement regarding the delivery of the following service: Subscription for Gérard Bakery.

Ordered on:

Name (first and last):

Address:

Signature of the consumer(s):

Date:

SECTION 16 - OTHER PROVISIONS

All agreements between Gérard Bakery and the customer, to which these general terms and conditions apply, are exclusively governed by Belgian Law.

All disputes arising from the agreement between Gérard Bakery and you as a customer will be adjudicated exclusively by the court of Brussels.

Should a provision in these general terms and conditions or in the agreement be or become invalid, the remaining provisions will remain valid. In that case, the invalid provisions will be replaced by a new provision that corresponds to the old as much as possible in terms of content, scope, and/or objective.

SECTION 17 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at baguette@gerardbakery.com.